Commissioner of Income Tax- IT and TP vs. M/s. Louis Berger International Inc.,

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

Section 18 and explained its significance in the following words: ―22. The significance of Section 18 of the Act can be understood in the light of the above provisions. Section 18 provides for provisional assessment of duty in cases specified in sub-section (1) of the section. Clause (c) of sub-section (1) deals

Commissioner of Income Tax-II vs. M/s. Andhra Pradesh Mineral Development Corporation Ltd.

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

Section 18 and explained its significance in the following words: ―22. The significance of Section 18 of the Act can be understood in the light of the above provisions. Section 18 provides for provisional assessment of duty in cases specified in sub-section (1) of the section. Clause (c) of sub-section (1) deals

Principal Commissioner of Income Tax-2 vs. M/s Indur Green Power Private Limited

In the result, all the appeals fail and are hereby

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 2(15) of the Act?. 44. We are dealing with a taxing statute. The intention of the legislature in a taxation statute is to be gathered from the language of the provisions particularly where the language is plain and unambiguous. In a Taxing Act, it is not possible to assume any intention or the governing purpose

Commissioner of Income Tax vs. Atyam Suryanarayana

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 5Th February 2024. Appearance: Mr. Om Narayan Rai, Advocate Mr. Amit Sharma, Advocate …For The Appellant. 1. Heard Sri Om Narayan Rai, Learned Senior Standing Counsel For The Appellant. None Appears For The Respondent Assessee. 2. Affidavit Of Service Filed Today By Learned Counsel For The Appellant, In Compliance Of The Orders Dated 17.02.2023 & 15.01.2024, Is Taken On Record. Service Of Notice Upon The Respondent Assessee Is Found To Be Sufficient. 3. This Appeal Was Admitted By Order Of This Court Dated 03.09.2010, On The Following Substantial Questions Of Law:- “I) Whether The Learned Tribunal Was Justified On The Facts & Circumstances Of This Case To Follow The Ratio Decided By The

5 CIT(A) in the respondent/assessee invoking Section 68 of the Act, 1961. He referred to provisions of Section 68 of the Act, 1961 and relied upon the judgment of Hon’ble Supreme Court in Principal Commissioner of Income Tax (Central-1) Vs. NRA Iron And Steel Private Limited (2019) 15 SCC 529 (paragraphs

SYED ABBAS MIAH vs. INCOME TAX OFFICER,WARD-I,KURNOOL

5) (b) and (c) of the Entry Tax Act, 2012 have been amended. By the amendments introduced, retrospective effect from April 1, 2012 have been given to the meaning of the expression “taxable turnover of imports” as appearing in section 4 (1) of the Act of 2012. 52. It is in this factual matrix that we are considering

THE COMMISSIONER OF INCOMETAX vs. M/S V.SATAYANARAYANA

The appeal is allowed

Bench: V.V.S.RAO,RAMESH RANGANATHAN

11. xxi. Additionally, PW-8 mentioned that PW-6 did not provide any information regarding the final deposit in PW-2's account, the imposition of a fine in PW-2's account, or the absence of a deposit in the month of March within PW-2's account. 10. In the case of Neeraj Dutta Vs. State (Govt

The Commissioner of Income Tax - IV vs. M/s. Mekins Agro Product (P) Ltd.

Section v.. V 11(1). 6. Initially we were inclined to accept the submission raised by the Revenue that there are several good reasons why we have declined to interfere and refer the matter to a larger bench to consider judgment of this Court in DIT vs. Vishwa Jagriti Mission, ITA No.140/2012 (Del.). 7. The controversy in question

Commissioner of Income Tax-II vs. Sri B.Ramanarayanba Rao

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 12Th December, 2023 Appearance: Ms. Anupa Banerjee, Adv. …For The Appellant. Mr. Amit Sharma, Adv. ...For The Respondent. 1. Supplementary Paper Book Filed Today By The Assessee Is Taken On Record. 2. Heard Ms. Anupa Banerjee, Learned Counsel For The Appellant/Assessee & Mr. Amit Sharma, Learned Standing Counsel For The Respondent/Income Tax Department. Facts: 3. Briefly Stated Facts Of The Present Case Are That The Assessee Is Engaged In Trading (Export & Domestic) Of

5 Section 68 of the Act, 1961 is totally arbitrary and illegal. She further submits that the finding recorded by the Tribunal with respect to the cheques and the bank account, is perverse inasmuch as the cheques received by the assessee in consideration of the jewellery sold are of a different bank account and not the bank account which

Principal Commissioner of Income Tax [TDS] vs. M/s.KCIL-MEIL [JV]

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

68, section 69 and section 70 passed by an authority empowered to do so under this Act not being an authority above the rank of an Assistant Commissioner may, within a period of thirty days from the date on which the order was served on him, appeal against such order, xxx xxx xxx (5) In disposing

Principal Commissioner of Income Tax (Central) vs. Sri Ch.Govardhan Naidu

The appeal stands allowed to the extent indicated

Bench: ABHINAND KUMAR SHAVILI,SATISH CHANDRA SHARMA

5. Mr. S. Rajeshwar Rao, learned counsel appearing for the appellant/assessee, submits that the assessee had disclosed the names of one Ms. Seema R. Mutreja from whom Rs.2,50,000/- was borrowed by him and one Mr. Anil Dengwani from whom he had borrowed Rs.18,20,000/-. Notice under Section 133(6) of the Act was issued only

The Commissioner of Income Tax-III, Hyderabad vs. M/s. Vasant Intermediates Private Limited

The appeal is dismissed

Bench: The Hon’Ble Mr.Justice Ashok S. Kinagi

5) Whether the plaintiffs prove that the judgment and decree passed by the Trial Court is perverse and arbitrary? (6) What order or decree? 9. Point No.1: It is the case of the plaintiffs that Muniswamiappa @ Ammojappa as well as his four sons namely Munipapaiah, Ramaiah, Muniappa and Venkataswamy constitute an undivided Hindu joint family and they were having substantial

A.P.State Civil Supplies Corporation Limited vs. The Income tax Officer

Bench: J SREENIVAS RAO,ALOK ARADHE

5. Smt. Ram Piari executed a Will dated 12.08.1996, whereby she bequeathed the rear portion of the house at Kautalya Marg to Shri Rajneesh Bahl and the front portion jointly to S/Shri Ashok Bahl and Dinesh Bahl. All movables were divided in equal shares amongst the three sons. Shri Ashok Bahl was appointed the Executor of the said Will

The Commissioner of Income Tax - II vs. M/s. Kumar Raja Associates

In the result, all the Tax Revision

Bench: Floor, Opp.Gurudware Bus Stop, Th Stat, 0/O.Meghana Towers, 4 Visakhapatnam. ... Petitioner & M/S.Pulp-N-Pack [P] Limited, Tadimalla ... Respondent : Sri T.C.D.Sekhar, Gp For Commercial Tax Counsel For The Respondent : Sri S Suribabu, Representing On Behalf Of Sri S R R Viswanath Counsel For The Petitioner

11. 25 RNT, J & HN, J TREVC. No. 83 of 2008 & batch 12. From the above discussion it is clear that the Government issued G.O. Ms. No. 377, dated May 2, 1991, granting exemption to all roller flour mills in respect of the sale or purchase of wheat and wheat products within the State for a period of five years

PR COMMISSIONER OF INCOME TAX-2, HYDERABAD vs. M/S GOLDEN STAR FACILITIES AND SERVICES PVT LTD., HYD

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Section 13 which provides for Rule making power of the Central Government in respect of minerals. Section 13 subsection (1) WP(C). 11249/2010 & other contd cases. -:88:- and Section 13 Sub-section (2) in so far as relevant in the present case are as follows: “13. Power of Central Government to make Rules in respect

M/S NMDC LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

The appeal is allowed

Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO

68 of 2016whereby and whereunder the Learned Family Court while allowing the petition filed under Section 12(1) (C) of Hindu Marriage Act, 1955 by appellant/petitioner/wife has granted Rs. 30,00,000/-(Thirty Lakh) as permanent alimony to appellant and herein the amount of alimony has been challenged on the ground of miscalculation

The Commissioner of Income Tax-III vs. M/s.Visakha Industries Ltd

The Appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 68 will be attracted only when the assessee offers no explanation or the explanation so offered is not satisfactory to the Assessing Officer. It was found that in the present case assessee had established the identity of the creditor, the source for the credit and the genuineness of the transaction and had thereby discharged the initial burden

The Pr. Commissioner of Income-Tax-1 vs. M/s. New River Software System Pvt Ltd.,

The appeals are dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

5 of 13 6. The Commissioner of Income Tax (Appeals), [CIT(A)] had disallowed the additional documents and the appeal. In doing so he relied upon the decision of the Gujarat High Court in N.B. Surti Family Trust Vs. CIT [2007] 288 ITR 523 to hold that when the evidence is new and the assessee could not give any explanation

The Commissioner of Income Tax-I vs. Adaptec [India] Ltd

The appeals are dismissed

5 of 13 6. The Commissioner of Income Tax (Appeals), [CIT(A)] had disallowed the additional documents and the appeal. In doing so he relied upon the decision of the Gujarat High Court in N.B. Surti Family Trust Vs. CIT [2007] 288 ITR 523 to hold that when the evidence is new and the assessee could not give any explanation